FLP 567 Final

Temporary custody without hearing

usually refers to a a time period of 48 hours

Taken into custody

the physical apprehension by a police action of a child engaged in delinquency

Beyond a reasonable doubt

the degree of proof required to find the defendant in a criminal trial guilty of committing the crime. The defendant's guilt must be the only reasonable explanation for the criminal act before the court.

Station adjustment

occurs when a juvenile offender is handled by the police within the department and is released

Detention

temporary care of a child alleged to be delinquent who is physically restricted pending court disposition, transfer to another jurisdiction, or execution of a court order

School resource officer (SRO)

a law enforcement officer assigned by the police department to a schoool

Lock down

high school students are detained in classrooms while police and dogs scour the campus, searching for contraband or any danger to a safe educational environment

The primary responsibility of police officers assigned to child neglect or abuse cases

the immediate protection of the child

Under welfare regulations and codes, an officer may take a child into temporary custody without a warrant under what circumstances?

if there is an emergency or if the officer has reason to believe that leaving the child in the present situation would subject the child to further abuse or harm

Conditions that would justify placing a child in protective custody include

maltreatment that might cause permanent physical or emotional damage
parent's refusal to provide needed medical or psychiatric care
child is physically or mentally incapable of self-protection
the home's physical environment poses an immediate threat
the parents cannot or will not provide for child's basic needs
the parent abandons the child

Challenges in investigating crimes against children include

the need to protect the child from further harm
the possibility of parental involvement
the difficulty of interviewing children
credibility concerns
the need to collaborate with other agencies

Evidence in child neglect or abuses cases including

the surroundings
the home conditions
clothing
bruises or other bodily injuries
the medical examination report
other observations

The majority of police dispositions involve what?

status offenses

Whether the police actually arrest a juvenile usually depends on several factors including

the seriousness of the offenses
character
age
race
prior record
family situation
attitude

What percent of youths are actually arrested?

3%

Law enforcement officers have a range of options to take when interacting with juveniles

release the youth, with or without warning,but without making an official record or taking further action
release the youth, but write up a brief contact or field report to juvenile authorities, describing the contact
release the youth but file a more formal report referencing the matter to a juvenile bureau or an intake unit for possible action
turn the youth over to juvenile authorities immediately
refer the case directly to the court through the district or county attorney

The most common procedure when confronting juveniles

release the child, with or without warning, but without making an official record or taking further action

Detention is governed by two requirement of the juvenile justice and delinquency prevention (JIDP) act of 1974

1. removing all juveniles from adult jails and lockups
2. separating juvenile and adult offenders

When prosecutors receive a recommendation for petition, at least three options are available

1. dismiss the case
2. file the petition
3. determined that the charges are sos serious that the case should be heard in adult court, waiving jurisdiction

Are boys who own gun for protection or boys who own guns for sport more likley to be involved in delinquent behavior?

Boys who own guns for protection

Protect safe neighborhoods

a nationwide commitment to reduce gun crime by networking existing local programs that target gun crime and providing those programs with additional tools necessary to be successful

Have incdients of fighting at school increase or decreased between 1993 and 2009?

decreased

What is the peak grade level for fighting?

9th

Goals of a school resource officer

preventing juvenile delinquency
improving community relations

Preventing delinquency

officers focus on both preventative actions and the official investigation of criminal activity, apprehension and court referral

Improving community relations

public apperances, parent contacts, recreational participation, individual contact

Estimates based on suicide statistics compiled by the CDC place the number of suicides by children under age 19 that are bully-related in the _____ digits

triple

Direct threat

a specific act against a specific target and is delivered in a straightforward manner, clearly and explicity

Indirect threat

vague and ambiguous

Veiled threat

strongly implies but does not explicity threaten violence

Conditional threat

warns that a violent act will occur unless certain demands are me

Four-pronged threat assessment approach

examines the student's personality, family dynamics, school dynamics and the student's role in those dynamics, and social dynamics

The role of the first responder in a school shooting siutation is to

pursue and engage the shooter

Youth leadership programs

can help thwart school violence when school-age students are providd with tools to assist authorities in the early detection of violence-prone students

Zero-tolerance policies

mandates predetermined consequences or punishment, such as suspension or expulsion for specific offenses

Juvenile Mentoring Program (JUMP)

supports one-to-one mentoring projects for youths at risk of failing in school, dropping out of school or become involved in delinquent behavior, including gang activity and substance abuse

Detention hearing

a hearing in juvenile court to determine whether a child held in custody shall remain in custody for the best interest of the child and the public

Intake

the point in the juvenile justice process that reviews referrals to the juvenile court and decides the action to be taken based on the best interests of the child and the public good

Petition

the formal process for bringing a matter before the juvenile court; a document alleging that a juvenile is delinquent, status offender or dependent and asking the court to assume jurisdiction; the same as a formal complaint in the adult criminal process

Static risk factor

historical or dispositional factor that are unlikely to change over time

Dynamic risk factor

individual, social or situational factors that often change

Comorbidity

multiple disorders

Meta-analysis

provides a quantitative review of a body of literature - now the favorered approach by most criminal justice researchers

Diversion

the official halting of formal juvenile proceeding against an alleged offender and the referral of the juvenile to a treatment or care program by private or public service agency

Family courts

courts with broad jurisdiction over family matters

Public defenders

a lawyer who works for the defense of indigent offenders and is reimbursed for services by a public agency

Net widening

diverting youth to other programs and agencies rather than away from the system

Deep end strategy

targets youth with the highest likelihood of contuining their delinquent career without comprehensive interventions

Children can be taken into custody by:

court order
lawful arrest
if there are reasonable grounds to believe that the child is suffering from illness or injury
that the child is immediate danger from the surroundings or that the child has run away

The Uniform Juvenile Court Act (UJCA) of 1968

the taking of a child into custody is not necessarily an arrest, except for the most purpose of determining its validity under the constitution of this state or of the United States

______ youths is detained between teh referral court and case disposition

one in five

Intake stage

stage at which someone must decide whether a referral merits a petition, that is, whether the matter described in the complaint against the juvenile should become the subject of formal court action

The primary role of the juvenile prosectuor

to seek justice while fully and faithfully representing the interests of the state

intake officer

a probation officer or designated court personnel, not a lawyer

The intake hearing may result in:

dismissal, diversion, referral to juvenile court for adjudication or transfer to adult court

One of the most important functions during intake is

an accurate assessment of each youth

Principles of effective intervention include

-risk principle
-need principle
-treatment principle
-fidelity principle

Risk principle

target higher risk offender (WHO)

Need principle

target crimogenic risk/need factors (WHAT)

Treatment principle

use behavioral approach (HOW)

Fidelity principle

implement program as designed (HOW WELL)

The juvenile court was established

to prevent children from being treated as criminals and to let them grow out delinquency

One of the most common forms of diversion is

being ordered to do community service

Diversion may include

community service
restitution
letter of apology
participation in prosocial activities
mentoring
tutoring programs
educational programs
skill-development programs
counseling programs or referral to a specialized court to meet individual needs

Specialized courts include

teen court
drug courts
mental health courts
traffic courts
gun courts

Intervention program

not courts within the judicial branch of government; therefore their processes and procedures are signficantly less formal and not held to the traditional due process requirements of regular courtrooms

Juvenile diversion programs

used primarily for the first-time offenders in misdemeanor, non-violent cases

The two most common criteria for partcipating in drug court

-having a substance abuse problem
-not having committed a violent offense

Diversion to such courts of juveniles with mental health needs hold many benefits incuding

1. reducing recidivism
2. providing more effective and appropriate treatment
3. decreasing overcrowded detention facilities
4. facilitating the further development of community-based mental health services

The four cornerstone of the blueprint for change model

collaboration
identification
diversion
treatment

Gun courts

Short-term, early intervention programs with an intensive education focus, including a wide range of court personnel and law enforcement official with community members

A major goal of gun courts

to effecitvely deliver juveniles the message that gun violence hurts victims, families, and entire communityie

Most gun courts include several principle elements

1. early intervention
2. shorter, intesnive programming
3. an intensive educational focus to show youths the harm that can come from unlawful gun use and the immediate response that will result when youths are involved in with guns
4. the inclusion of a wide range of court personnel and law enforcement officials working together with community members

Core principle of the balanced and restorative justice (BARJ) model

ensuring community safety, insisiting on offender accountability to victims, and equipping offenders in the system with skills so they are able to pursue non-criminal paths after release

The three main components of restorative justice

the offender
the victim
the community

Four models of restorative justice

1. victim-offender meditation
2. community reparative boards
3. family group conferencing
4. circle sentencing

Victim-offender meditation

-primarily ussed with first-time property offenders
-a mediator, victim and offender meet in a neutral settig such as church or community center

Community reparative boards

typically consists of a small groups of citizen who have recieved intensive training and who then conduct public, face-to-face meetings with offenders by the court to participate in the process

Family group counseling

involves those most affected by a youth's crime, usually the victim, offender and family, freinds and key supporters of the victim and an offender

Circle sentencing

a holistic re-integrative strategy designed not only to address the criminal and delinquent behavior of offenders but also to consider the needs of victims, families and communitie

Juvenile court

a court having jurisdiction over individuals defined as juveniles and alleged to be delinquents, status offenders, dependents or in need of decision by the court regarding their health, safety or welfare

Welfare model

approach traditionally used by juvenile courts following its underlying parens patriae philosophy focusing on the "best interest of the child"

Justice model

the judicial process wherein young people who come into conflict with the law are held responsible and accountable for their behavior

Jurisdiction

the authority of the courts and judicial officers to decide a case

Adjudicated

haivng been the subject of completed criminal or juvenile proceedings and having been cleared or declared a delinquent, status offender or dependent

Venue

the geographic location of a trial, established by constitutional or stautory provisions

Guardian ad litem (GAL)

an individual appointed by the court to protect the best interests of a child or an incompetent during the juvenile justice process (in some states this can only be an attorney); the appointed individual is a surrogate parent, guardian or custodian and can be replaced in the best interests of the child at any point in a juvenile proceeding

Coercive intervention

out-of-home placement, detainment or mandated therapy or counseling

Bifurcated hearing

the hearing for the delinquent act is held separately from the hearing to determine the disposition

Blended sentence

combines both a juvenile sentence and an adult sentence

Wavier

a procedure whereby juvenile court waives jurisdiction and transfers the case to the adult criminal court

Decertification and reverse waiver

the court may transfer a case from criminal court back to juvenile court

Statutory exclusion

state enact a law preventing certain juveniles from being tried as juveniles

Concurrent juvenile

juvenile court jursidiction happens at the same time as criminal court jurisdiction, or a case that may be heard in either juveniles or adult court

Most state juvenile court purpose statements

-balanced and restorative justice (BARJ) clauses
-standard juvenile court act clauses
-legislative guide clauses
-clauses that emphasize punishment, deterrence, accountability and/or public safety clauses
-clauses with traditional child welfare emphasis

The possible bases for a declaration of wardship

demonstrating that the child is abused or neglected or has committed a status offense or a criminal act

Juvenile courts are separated into three types

-independent and separate courts
- part of a family court
- a unit within a trial court

The judge

the central authority in the juvenile court system

A hearing officer

enters findings and recommendations and the judge must confirm to make an order

The prosecutor

the dominant figure in intake processing and is typically responsible for negotiating the disposition of all but the most serious juvenile delinquency cases